"Who then in law is my neighbour?" - Reverting to First Principles in the High Court of Australia
Katter, Norman A. (2004) "Who then in law is my neighbour?" - Reverting to First Principles in the High Court of Australia. The Tort Law Review, 12(2), pp. 85-97.
A trilogy of recent cases before the Full Bench of the High Court of Australia indicate a return to the celebrated statements of Lord Atkin, (himself a native of Australia) formulated some seventy years earlier, as the underlying guide in determining whether a duty of care exists in any circumstance.
Whilst various approaches have emerged in the High Court over the past decade involving differing combinations of principle, policy and incremental development, none has proved satisfactory as a general determinant of duty of care in the expanding focus of negligence litigation.
This article suggests that the search for a general determinant of the duty issue, has finished where it began and that the principle of neighbourhood as formulated and intended by Lord Atkin has and will continue to provide a universal yardstick as to the existence of a prima facie duty of care.
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|Item Type:||Journal Article|
|Keywords:||Neighbourhood principle, tort, Lord Atkin, High Court of Australia, negligence|
|Subjects:||Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Tort Law (180126)
|Divisions:||Current > QUT Faculties and Divisions > QUT Business School|
|Copyright Owner:||Copyright 2004 Thomson Legal & Regulatory|
|Copyright Statement:||Reproduced in accordance with the copyright policy of the publisher.|
|Deposited On:||12 Oct 2006 00:00|
|Last Modified:||05 Jan 2011 13:28|
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